Maryland’s New Child Custody Laws

Maryland custody has two components: legal custody (decision-making authority) and physical custody (where the child lives and how parenting time is allocated). Both legal and physical custody decisions are based on what is in the best interests of the child.

As of October 1, 2025, Maryland enacted a statute that codifies the ‘best interests of the child’ factors.

Clarification of the “best interests” of the child rule

Before the enactment of Family Law § 9-201, Maryland courts primarily relied on case law to define the best-interests standard, along with certain statutes addressing specific issues such as abuse or neglect. The best interests of the child rule required that judges, when deciding custody, focus on the best interests of children, not parents or anyone else. Judges relied on case law rather than a statute, according to the Maryland Access to Justice Coalition, to decide what the best interests are.

Before codification, courts applied well-established case law factors, but the absence of a single statute could result in variation in how those factors were weighed. Parents and their lawyers had to interpret and apply evolving case law standards when negotiating child custody agreements.

Now, courts, parents, and lawyers can reference a statutory list of factors in § 9-201, along with any other relevant considerations, for determining what’s in the best interest of a child. The statute contemplates that courts will articulate findings addressing the listed factors, promoting a more detailed and transparent analysis. This articulation should help parents and family lawyers understand why judges decided child custody the way they did.

An overview of the factors that determine the best interests of the child

Family Law § 9-201 focuses on a child’s developmental needs, physical and emotional security, positive self-image, relationship skills, and protecting children from violence and conflict.

The law also focuses on parents’ ability to communicate and co-parent with minimal disruption to their child’s school and social life, and it addresses dispute resolution so parents can better resolve conflicts rather than litigate them.

The Maryland child custody factors

Family Law § 9-201 lists factors the court may consider in determining a child’s best interests, including the following (summarized) factors:

1. The stability and the foreseeable health and welfare of the child.
2. How frequently, regularly, and continuously children have contact with parents who can act in their best interest.
3. Whether and how parents who live apart will share the rights and responsibilities of raising their child.
4. The child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life.
5. The physical and emotional security of the child and the child’s protection from exposure to conflict and violence.
6. The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth.
7. The daily needs of the child, including education, culture, socialization, food, shelter, clothing, religion, mental health, and physical health.
8. Parental responsibilities and conduct, including:
• Placing the needs of the child above the needs of the parents.
• Protecting the child from the negative effects of any parental conflicts.
• Keeping the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child.
9. The child’s age.
10. Whether a parent is under any military deployment and the effect of that deployment, if any, on the parent-child relationship.
11. Any previous court orders or agreements.
12. The role and tasks of each parent related to the child, and how those roles and tasks have changed.
13. The location of the home of each parent as they relate to each parent’s ability to coordinate parenting time, school, and activities.
14. The relationship of the parents with each other, including:
• How well the parents communicate with each other.
• Whether the parents can co-parent without disrupting the child’s social and school life.
• How the parents resolve any future disputes without the need for court intervention.
15. The preference of the child, if age-appropriate.
16. Any other factors that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.

Standards for modifying child custody orders

Maryland has a child custody modification law, Family Law § 9-202, that codifies Maryland’s existing rule that a custody order may be modified only:

• Upon a material change in circumstances to the original order
• A determination that modification is in the child’s best interests, considering the § 9-201 factors and other relevant evidence.

A proposed relocation that significantly affects an existing custody arrangement may constitute a material change in circumstances.

Child custody when there are concerns of abuse, neglect, or the safety of children

Maryland law continues to require courts to consider safety and abuse concerns under the following laws:

• Section 9-101 – Denial of Custody or Visitation on Basis of Likely Abuse or Neglect
• Section 9-101.1 – Abuse Against Certain Individuals
• Section 9-101.2 – Parent Convicted of Murder of Certain Persons

Contact our Maryland child custody lawyers today

At McCabe Russell Divorce and Child Custody Lawyers, we help families determine which parents have legal and physical custody when a marriage or relationship ends. To discuss how to protect your children through a child custody agreement or order, please call us or fill out our online form to speak with one of our Maryland family law attorneys.